The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the principal lawsuit

A. As to the ground of appeal No. 1, according to the reasoning of the lower judgment and the reasoning of the first instance judgment partially admitted by the lower court, the lower court acknowledged facts as indicated in its reasoning, and determined that the Plaintiff occupied and used the instant real estate as indicated in the table of the lower judgment on March 20, 2006, following the termination of the lease agreement concluded on March 14, 2003 (hereinafter “instant lease agreement”) with respect to E by the Defendant (Counterclaim Defendant; hereinafter “Defendant”) representing the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the real estate listed in the attached table of the lower judgment (hereinafter “instant real estate”).

(2) In light of the records, although the part of the real estate of this case concerning the first floor soup (499.185 square meters) is somewhat inappropriate, the conclusion of rejecting the Plaintiff’s claim for the return of the deposit against the Defendant is justifiable, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles

B. As to the ground of appeal No. 2, (1) If one of the parties agrees to allow the other party to use and benefit from an object, and the other party agrees to pay the rent for it. Furthermore, the requirements for establishing a lessor to have ownership or other right to lease the object. Therefore, even if the leased object is owned by the other party, barring any special circumstance, such as requesting the return of the object or payment of rent or the equivalent amount thereof, the lessee shall deliver the object to the lessor and pay the overdue rent until the end of the lease.